Aid to Families with Dependent Children

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Accident Settlement
Petitioners' agreement to repay AFDC benefits from potential accident settlement obligated them to repay benefits even if, when they received settlement proceeds, they were no longer receiving AFDC benefits. Decision: 1 N.J.A.R. 158
Aliens
Aliens who meet the federal definition of permanently residing will meet N.J.A.C. 10:81-3.19(e)'s requirements that an individual must either be a citizen of the U.S. or an alien lawfully admitted for permanent residence or permanently residing in the U.S. under color of law to qualify for A.F.D.C. payments. Decision: 3 N.J.A.R. 330
Available Resources
ALJ concludes that nothing in regulations requires that income available prior to the date of application must be considered in determining initial eligibility; rejected by agency which coneludes that initial eligibility must be determined on the basis of all income available at any time during the month the application was received. Decision: 8 N.J.A.R. 329
Bank Accounts
Where a joint checking account evidences a trustee-beneficiary relationship, the checking account should not be counted as a resource for AFDC and Food Stamp purposes. Decision: 4 N.J.A.R. 233
A bank account is not an available resource when it is understood that the funds in the account are not under the control of the individual named on the account. Decision: 6 N.J.A.R. 366
Bankruptcy
A welfare agency may not recoup overpayment of benefits which have been recognized as a debt and discharged in bankruptcy. Decision: 4 N.J.A.R. 036
Child Support Disregard
Social Security dependents' benefits are not child support for. purposes of the $50 disregard provision of the AFDC program. Decision: 13 N.J.A.R. 288
Earned Income Credit
When earned income credit is properly calculated on a weekly basis, petitioner's income was brought within the required income limits. Decision: 4 N.J.A.R. 023
Educational Grants
Failure to prove that an educational grant did not provide funds which could be used for child care expenses supports a denial of child care payments under the AFDC program. Decision: 2 N.J.A.R. 023
Where a student stipend is totally devoted to educational costs, it should not be counted as income for purposes of calculating an AFDC grant. Decision: 4 N.J.A.R. 230
Funds accumulated under the Post-Vietnam Era Veterans Education Assistance Program are a non-exempt resource in the form of a liquid asset and do not qualify as educational grants or loans. Accordingly, they must be liquidated before holder becomes eligible for AFDC or Food Stamp benefits. Decision: 7 N.J.A.R. 309
Emergency Assistance
Loss of shelter because of a failure to pay mortgage payments is a condition under the control of the homeowner and thus a denial of emergency shelter assistance is proper. Decision: 2 N.J.A.R. 393
Excess Resources
A welfare agency must give notice to a welfare recipient that the recipient is required to liquidate an alleged excess resource within a reasonable time in order to qualify for AFDC benefits; such notice must be given prior to an agency's filing or a notice of adverse action seeking termination. Decision: 3 N.J.A.R. 174
Only when an agency has determined that an AFDC recipient is not liquidating an asset may an agency move to terminate the recipient's benefits. Decision: 3 N.J.A.R. 174
Where a joint checking account evidences a trustee-benefictary relationship, the checking account should not be counted as a resource for AFDC and Food Stamp purposes. Decision: 4 N.J.A.R. 233
A bank account is not an available resource when it is understood that the funds in the account are not under the control of the individual named on the account. Decision: 6 N.J.A.R. 366
Failing Business
Where an individual has made every effort to close down a business, a welfare agency may not seek to terminate assistance on the basis that the individual was operating a failing business. Decision: 5 N.J.A.R. 199
Failure to Cooperate
A parent's refusal to cooperate in liquidating the proceeds from an accident settlement received on behalf of a minor child constitutes a failure to cooperate any results in a deletion of that child from the AFDC grant. Decision: 3 N.J.A.R. 080
In the light of HLA test that excluded putative father, recipient's failure to provide additional information constituted failure to cooperate in obtaining support and establishing paternity. Decision: 10 N.J.A.R. 191
Required penalty for failure to cooperate in establishing paternity is removal of the custodial parent from the eligible unit. Decision: 10 N.J.A.R. 191
Hearing Request
Where applicants delayed 11 months from the time their application before a Medical Review Board was considered before inquiring as to its status, such a delay precluded them from requesting a hearing on that decision even if they claim to have never received notice of the adverse action. Decision: 2 N.J.A.R. 192
Incapacitated Father
Where, despite continuing physical complaints, there has been no objective medical evidence submitted to establish the existence of an impairment of sufficient severity to meet the criteria for incapacity, a local welfare agency's denial of assistance to an individual as an "incapacitated father" is affirmed. Decision: 2 N.J.A.R. 228
Maternity
Where an individual does not deny she had used a name other than her own oh the occasion of her child's birth and all official documentation uses that other name, the individual has proven that she was the mother of the child. Decision: 4 N.J.A.R. 052
A histocompatibility leukocyte antigen test may be used alone to support a finding of non-maternity, but could not be used alone to support a finding of maternity. Decision: 4 N.J.A.R. 056
Medical Evidence
Where, despite continuing physical complaints, there has been no objective medical evidence submitted to establish the existence of an impairment of sufficient severity to meet the criteria for incapacity, a local welfare agency's denial of assistance to an individual as an incapacitated father is affirmed. Decision: 2 N.J.A.R. 192
Notice
Although a local welfare agency may appoint a temporary payee when it appears that assistance payments are not being used for the best interest of the dependent children, the failure to give timely prior notice of the change in payment procedure to the recipient invalidates the appointment. Decision: 1 N.J.A.R. 148
Where a notice of ineligibility for benefits is mailed to an address provided by the applicant as her home address, a presumption arises that the notice has been properly delivered and the petitioner has failed to meet her burden of rebutting that presumption by a showing that the letter has never been received. Decision: 2 N.J.A.R. 443
Parent--Person
A relative in the fifth degree of kinship may be recognized as a parent-person for the purpose of receiving AFDC on behalf of a child living with that relative. A first cousin once removed is eligible to be designated a parent-person. Decision: 11 N.J.A.R. 140
Parental Support
Where father of petitioner's child regularly visited her home, assisted in the support of the child and enjoyed a stable relationship with the petitioner and her child, the father was not continuously absent from the home and termination of assistance was proper. Decision: 2 N.J.A.R. 014
Where a parent does not live in the home but visits the home each day and takes the children out to eat and to buy toys and clothing, the children are not deprived of parental support as defined by N.J.A.C. 10:81-2.7(C). Decision: 3 N.J.A.R. 363
Paternity--Failure to Establish
Where an individual's failure to cooperate in to Establish establishing paternity results from the fear of abusive treatment which may result from the father, good cause-exists for failure to cooperate and a reduction in assistance is improper. Decision: 2 N.J.A.R. 393
Recoupment
A welfare agency may not recoup overpayments of benefits which have been recognized as a debt and discharged in bankruptcy. Decision: 4 N.J.A.R. 036
Recoupment is limited to the 12 months preceding the month in which an overpayment was discovered unless willful withholding can be determined. Decision: 5 N.J.A.R. 427
Replacement Check
An AFDC recipient, who promptly reported the loss of his endorsed check and who received no benefit from the fraudulent cashing of the check after stop payment had been ordered, was entitled to a duplicate assistance check. Decision: 1 N.J.A.R. 153
When the loss of an endorsed benefit check is promptly reported and the recipient of the benefits received no benefit from the fraudulent cashing of the check, the recipient is entitled to a duplicate assistance check. Decision: 6 N.J.A.R. 001
Temporary Payee
Although a local welfare agency may appoint a temporary payee when it appears that assistance payments are not being used for the best interest of the dependent children, the failure to give timely prior notice of the change in payment procedure to the recipient invalidates the appointment. Decision: 1 N.J.A.R. 148
Travel Expenses
Prior authorization for verified travel expenses is not necessary where the travel resulted from an emergency situation. Decision: 1 N.J.A.R. 150
Veteran's Funds
Funds accumulated under the Post-Vietnam Era Veterans Education Assistance Program are a non-exempt resource in the form of a liquid asset and do not qualify as educational grants or loans. Accordingly, they must be liquidated before holder becomes eligible for AFDC or Food Stamp benefits. Decision: 7 N.J.A.R. 309